Fed. R. Evid. 1008

Functions of the Court and Jury

Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording, or photograph under Rule 1004 or 1005. But in a jury trial, the jury determines—in accordance with Rule 104(b)—any issue about whether:

(a)

an asserted writing, recording, or photograph ever existed;

(b)

another one produced at the trial or hearing is the original; or

(c)

other evidence of content accurately reflects the content.

( Pub. L. 93–595, § 1 , Jan. 2, 1975 , 88 Stat. 1947 ; Apr. 26, 2011 , eff. Dec. 1, 2011 .)